United States Federal Circuit

Ex-parte investigatory interviews made prior to an Army employee's termination are not communications that violate the Due Process Clause under the Fifth Amendment where agency employees merely confirmed and clarified information that was already in the record.

Appellate Information

• Decided 04/19/2001
• Published 04/19/2001

Judges

• GAJARSA, Circuit Judge., Before MAYER, Chief Judge, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Shelby W. Hollin, of San Antonio, TX, for petitioner.


• For Appellees:
  
• Phyllis Jo Baunach, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent.   With her on the brief were David M. Cohen, Director;  and Robert E. Kirschman, Jr., Assistant Director.   Of counsel on the brief was David Sulyma, Attorney, Department of the Army, of Ft. Sam Houston, TX.